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Saturday, August 11, 2012

‘Scandalising judges’ laws to be reviewed in England & Wales, what now for crooked, corrupt members of Scotland’s judiciary ?

Laws protecting crooked judges from criticism of their conduct while in office are to be reviewed.THE CRIMINAL OFFENCE of “Scandalising a judge or the judiciary”, a law invoked to protect members of the judiciary from media reporting of corruption or public criticism of their dubious conduct in cases, are to be reviewed by the Law Commission of England & Wales, who are holding a consultation on the issue which can be downloaded here : Scandalising the Court consultation paper (pdf)

The similar offence of "murmuring judges" in Scotland, or scandalising judges or scandalising the judiciary, is a form of contempt of court but has rarely been used over the years. However, those reporting on the dodgy conduct of Scotland’s judiciary have been known to occasionally be ‘reminded’ by elements of the legal establishment to “watch out” in case they fall foul of the law although as a search for stories on corrupt judges in Scotland returns, there is a healthy level of criticism of Scotland’s judiciary.

During the course of the investigation, evidence emerged of improper relationships between Scottish judges & law firms, which have not been declared to litigants involved in cases where on several occasions, Sheriffs & even Senators of the Court of Session have ruled in favour of parties they have financial interests with which amazingly need not be declared under current judicial rules allowing highly paid Scots judges to keep their financial interests & private work a secret. However, to correct this, moves are also being made to file a petition at the Scottish Parliament calling for a Register of Judges interests, more of which will be reported soon by Diary of Injustice.

The offence itself, of scandalising a judge, or judges can be committed by doing or publishing anything that ridicules the judiciary to such an extent that it is likely to bring the administration of justice into disrepute, with scandalising the court defined in a one hundred & twelve year old case by Lord Russell of Killowen CJ in the case of R v Gray [1900] 2 QB 36, 40, as "any act done or writing published calculated to bring a Court or a judge of the Court into contempt, or to lower his authority".

The Law Commission’s consultation is available here : Scandalising the Court. Readers are reminded the consultation closes on 05 October 2012. Readers should participate, and are encouraged to call for a similar review of laws in Scotland.

Status: Our work on scandalising the court forms part of our wide project on Contempt. Work on this aspect of contempt has been brought forward to tie in with the Government's consideration of the possible abolition of the offence under the Crime and Courts Bill.

A well-publicised case in spring 2012 highlighted the historic common law offence of scandalising the court. This offence covers conduct likely to undermine the administration of justice or public confidence in the administration of justice, where the conduct does not impinge on particular proceedings. Scandalising the court has been defined as "any act done or writing published calculated to bring a Court or a judge of the Court into contempt, or to lower his authority" (R v Gray [1900] 2 QB 36, 40, by Lord Russell of Killowen CJ). There has not been a successful prosecution for scandalising the court in England and Wales since 1931, although it has been used more recently in other common law jurisdictions.

The controversy surrounding this offence is in relation to:

the lack of clarity about both the conduct element and the mental elementthe lack of clarity about the defences availablethe justification for retaining such an offence in a well-established democracy, andthe compatibility of the offence with freedom of speech and the European Convention on Human Rights.

The consultation considers whether the current offence of scandalising the court should be abolished or, in the alternative, whether it should be retained but modified and, if so, how.

During the course of the investigation, evidence emerged of improper relationships between Scottish judges & law firms.**********************************The same pattern again. Judges and law firms having financial interests against litigants the lawyers purport to act for. These maggots need dragged into 2012. The public fall foul of the law, by criticizing Judges, but the same deviants [gay magic circle affair] can keep their criminal convictions hidden.

These are humans, not God's and their self protective system needs smashed. Every member of the public [who Judges serve, not the other way around] must have the right to criticize them. Who do these assholes think they are?

Scandalising the court has been defined as "any act done or writing published calculated to bring a Court or a judge of the Court into contempt, or to lower his authority"-------------------------------And who makes this judgement, the judiciary of course. It is a Victorian system out of date.

Scandalous that the Public should be effectively barred from expressing a critical opinion on the work of the Judiciary, heaven knows there are no shortage of grounds for precisely that, as this blog has made abundantly clear for several years.

Hopefully the right of free speech - as enshrined in the Human Rights Act - will prevail.

That said, the Scottish Judiciary has a distinctly uneven record of achievement when it comes to correctly understanding and properly applying those particular laws.

This sounds like a rule which may be indicative of a 'Victorian Justice System' in Scotland and is ripe for modernisation?

Much much more important from a legal perspective is that the DOI Team have exposed that the current Scottish set of Judges and Sheriff's have not maintained the minimum level of standard required as a pre-requisite to be able to perform their duties and that some Scottish Judges & or Sheriffs have been breaking the law by continuing to practice as a Judge or Sheriff whilst been guilty of a criminal offence

Anonymous said... The Law Society and Scottish Legal Complaints Commission dominate by bureaucracy where it is impossible to allocate responsibility for what is being done and impossible to identify culprits. Law firms are not identified so how can you trust any firm? But we can identify them.

What I know is that it is pointless complaining about lawyers in this country. Their system automatically goes into shutdown mode. If this were not the case dissident websites would never have been created. So we have to utilise new legal methods of exposing corrupt law firms. We have to change tactics.

I appeal to the victims reading A Diary of Injustice, become participants because you will not be breaking the law if you are telling the truth. Poster campaign's in your town, warn others, and stop the clients going to these lawyers. Target the supply side and DO NOT APPROACH the Law Society of Scotland or The Scottish Legal Complaints Commission. [YOU WILL ONLY WASTE YOUR TIME. THEY ARE ANTI CLIENT, AND AGAINST ANYONE WHO DARES TO HIGHLIGHT LAWYER CORRUPTION. LOOK AT THE EVIDENCE TO SUPPORT THIS. THEY DO NOTHING ABOUT LAWYERS SIEZING A MAN’S DISABILITY BENEFITS TO PAY LEGAL FEES AFTER THEY COVERED UP HIS INJURIES. THEY APPROVE OF THIS BRUTAL TREATMENT. SO WHAT IS THE POINT IN REPORTING A LAWYER TO THEM? NO POINT WHATSOEVER MY FRIENDS. DON’T REPORT YOUR LAWYER TO THEM. You are applying your efforts in the wrong place. They do not want thousands of us distributing leaflets about law firms. How could the press keep quiet about that? THEY WANT YOU TO GO TO THEM SO THEY CAN KEEP EVERYTHING SECRET. JUST LIKE JUDGES WANT THEIR CRIMINAL RECORDS KEPT SECRET. Do not go to your MSP or Citizens Advice either; they are all on the Law Societies side. ONLY WE CAN EXPOSE THESE CRIMINALS, WE REALISE THAT NOW, SOME OF US HAVE BEEN THROUGH THE LAW SOCIETY TORTURE CHAMBER. What you have to ask yourselves is this. Can I live with what they have done to me? Can I stop them in their tracks? I want to stop the corrupt ones. A Diary of Injustice wants to stop them. So do you BY ANY LEGAL METHODS. I went for the leaflets because they can do nothing about it. AND IT WORKED. Leaflets stating "Bloggs Solicitors stealing Mortgage Money", PROVIDING IT IS TRUE OF COURSE. WE CANNOT STOOP TO THEIR LEVELS. WE HAVE ETHICS. HONESTY IS OUR STRENGTH. THAT IS WHY THEY ARE IN A MESS. Stop this strategy Scottish Legal Complaints Commission and Law Society. You cannot and you know it. We are cutting you out of the complaints loop. Ruined clients WE MUST TAKE THEIR POWER AWAY FROM THEM, GO PUBLIC AND WATCH CLIENTS LEAVING LAW FIRMS IN THEIR THOUSANDS. IF WE ALL DO THIS SCOTLAND’S PEOPLE WILL BE FAR SAFER FOR IT.Oh there is the door bell ringing. Have the Law Society ordered me arrested for harassing lawyers. Law Society F**k off. This is Scotland, not Nazi Germany. OR ARE THEY GOING TO TRY AND STITCH ME UP ON TRUMPHED UP CHARGES? THEY ARE BAD ENOUGH TO TRY IT. EXPOSE YOUR LAWYERS PUBLICLY, AND MIGHTY FORCES WILL COME TO YOUR AID. STAY WITHIN THE LAW. LAWYERS DON’T NEED TO. BUT THERE ARE THOUSANDS OF RUINED CLIENTS OUT THERE. TUGENDHAT CLOSED SOLICITORS FROM HELL. HE CANNOT CLOSE DOWN LEAFLET CAMPAIGNS. TAKE THEIR SECRET POWER AWAY FROM THEM. STOP THE COVER UPS TODAY. PROTECT YOUR CHILDREN WHEN THEY GROW UP BY ACTING NOW.

Since the People's DOI Team exposed that Scottish Judges & Sheriffs were acting unlawfully by continuing to act when they themselves have a criminal record, those who are in power who are continuing to allow this unlawful practice to happen are similarly contributarily negligent and as such are guilty of a common law offence, which should result in them being sent to jail as they are deliberately acting in such a way as to deliberately and wilfully harm the Scottish People?

We have had enough of bureaucracy that allows crooked lawyers to keep working. I know someone who was ruined by a doctor and wore a T Shirt with the following message on the back of it.

Dr XXX caught lying in my medical records. His patients were horrified. His hands were tied.

No legal action was taken by the GP because or his defence union because the person was telling the truth.

Offices receiving complaints filled with like minded individuals always cover things up. These offices must be bypassed by lawyers clients and then the true horrific details of the way lawyers treat members of the public will emerge.

If a client is lying about a lawyer then that is wrong. But so is the treatment Mr Cherbi, Mr Gordon and thousands of others have had, horrific treatment of people for £££££££££££££££££££££££££££££££££££££ and then the inevitable cover up to protect a crooked lawyers reputation.

When the poster campaign catches on the Law Society will be publicly known for what it is, a den of evil. And that will take the SLCC down with it.

Oh a lawyer told us we were "as thick as two planks". Well my dear intellectual lawyer, my pile of naming and shaming posters is as "thick as two planks". What a clever chap you are. A true font of wisdom. Have a nice day, before you are destroyed by the clients you have ruined.

Remember self regulation can only work for lawyers if you keep sending complaints to them. STOP NOW, IT WILL NEVER WORK.

Print the posters and bypass them and the crooks will end up on Cameron's work program.

Finally Douglas Mill what do you think of the poster idea? It will do what the Law Society are terrified of, destroy law firms reputation by the thousand, and Law Society income will plummet. If they have no clients they will not need practicing certificates and they will not need your society.

There are Office Bearers at the Law Society of Scotland who are up to their necks in criminality and under a democratic country with a free police force and an incorruptible Crown Office, these individuals would surely be in jail?

However, Scotland has been driven into a pit of despair by these dark actors, where they can act as if there are no laws in place, similar to Mugabe's Zimbabwe?

There is absolutely nothing they will not do in order to retain their grip of power around Scotland's neck?

When there is no protection of the People by the State; where they 'invent' institutions to do the opposite of what they were supposed to do; when their criminality is exposed, they send in their clean-up crew so that the Public's knowledge of their corruption is kept to a minimum, yes what can the Public do to protect themselves from harm?

Direct action is the only recourse for the Public, when all of the odds are artificially stacked against Scotland's People?

Let the TRUTH come out and to HELL with the damned because we all know where they are going?

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The proposals, backed by cross party MSPs during a debate in the Parliament’s main chamber on 9 October 2014 - Debating the Judges - call for the creation of a publicly available register of judicial interests containing information on judges backgrounds, their personal wealth, undeclared earnings, business & family connections inside & outside of the legal profession, offshore investments, hospitality, details on recusals and other information routinely lodged in registers of interest across all walks of public life in the UK and around the world.

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But, be careful where you tread. Think first, before you spend your assets on the legal profession, unless you have clear goals, a time line to stick to, and make sure your solicitor plays by the rules as much as you should adhere to in your dealings with the justice system and your legal representatives.

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In response to questions from MSPs, JCR Gillian Thompson said: “I do not see that there is a reasonable argument to be made against people who are in public service—I might go further and say, in particular, people who are paid by the public pound—providing information, within reason, about their other activities.” Facing further detailed questions from the committee, JCR Gillian Thompson remained of the view judges should declare their interests including business activities, shareholdings and more – in a publicly available register of judicial interests.

Scotland's first Judicial Complaints Reviewer supports creating a register of interests for judges

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Scottish Parliament debate urges support for register of judicial interests

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Judges interests & shareholdings revealed

Exclusive Report: An investigation by the Sunday Herald newspaper reveals a senior sheriff presided over a court hearing involving Tesco at the same time as he held shares in the multi-national supermarket giant. Sheriff Principal Dunlop QC did not absent himself because having shares in a company that is party to a court action does not require a member of the judiciary to step down from a case. A Holyrood committee is considering proposals that would require judges and sheriffs to publish their outside interests, including details of their finances, reported in previous coverage here: A Register of Interests for Scotland's Judiciary

Top judge in private meeting on judicial transparency petition

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Small concession offered by top judge as calls grow for judicial transparency

Judges should not be above scrutiny

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Scotland’s top judge takes anti-transparency position on proposal for judicial interests register

Lack of judicial transparency - No justice if it cannot be seen

Media Editorial: The Sunday Mail newspaper says Senior judge's refusal to give evidence to MSPs shows a lack of transparency, says Mail Opinion on calls for judicial transparency in Petition PE1458: Register of Interests for members of Scotland's judiciary. It was an opportunity for Scotland’s top judge to go to Parliament and talk about how our legal system works and might work better. It would have added, as the public relations executives and politicians like to say, a little transparency. Instead, his refusal has only hardened the suspicion that our judges live and work in a bubble smelling of horse hair wigs, vintage port and even more vintage attitudes. More on the debate on judge’s interests can be viewed here : A Register of Interests for Scotland's Judiciary

NEWS SPECIAL: Coverage of the Annual Report 2012-2013 of Scotland’s Judicial Complaints Reviewer reveals Scottish judges are slammed for secrecy, anti-transparency views & how they investigate complaints against other judges.Moi Ali, appointed by the SNP’s Justice Secretary as Scotland’s first Judicial Complaints Reviewersaid: “I think fundamentally the problem is the legislation. “The way it’s created, it’s about self- regulation so you have judges judging judges’ conduct. There isn’t really an independent element.”. Read more HERE

REVEALED : Scotland’s Judicial Complaints Reviewer gave evidence to MSPs at the Scottish Parliament stating her office has no powers to properly investigate complaints against Scottish judges and that the judicial office regularly block access to files and information relating to complaints. In England & Wales, it is done very differently. Read more HERE

EXCLUSIVE REPORT: Scotland’s judiciary are refusing to cooperate with the independently appointed Judicial Complaints Reviewer over complaints made against Scottish judges. Scotland’s top judge also stands accused of regularly blocking independent access to key documents relating to allegations made against judges. Read more HERE

Scotland's top judge objects to Holyrood transparency call for a register of judicial interests

Exclusive Report : Scotland’s top judge Lord Gill claims judges are exempt from declaring their full financial & other interests as called for in Petition PE1458: Register of Interests for members of Scotland's judiciary A register could be created by the Scottish Parliament or by the Judicial Office for Scotland, which incorporates the Lord President’s office. Typically, such registers reveal details of hospitality, gifts, property ownership, shareholdings and personal or financial connections to outside organisations.

If you think Scotland's judges are honest, think again. An investigation reveals the true extent of their undeclared finances & interests. Read more HERE. Investigations have revealed Scotland's Judges have secret criminal records, massive wealth, unchecked influence, & murky investments along with connections to offshore tax havens, all of which go undeclared as there is no register of interests for the judiciary.

Business Interests: Are Scottish Judges overseas trips really just about law conferences?

Exclusive Report: Scotland's judges have racked up thousands of air miles on overseas trips, including jaunts to the US, India, Morocco and Malaysia. Taxpayers paid £83,644 to send judges and sheriffs and their partners around the world in the past three years revealed in this document. The Lord President also travels to Taiwan, South Africa & other countries yet refuses to travel 700m to the Scottish Parliament to face MSPs questions about judges’ secret undeclared interests.

Exclusive Report : A report published by the European Commission for the Efficiency of Justice reveals Scottish lawyers take home a lavish £161million in legal aid payments on a tiny client base compared to other EU countries’ lawyers. The EU REPORT also shows that Scotland disciplines a tiny number of lawyers compared to countries of similar size, and that Scotland’s sheriffs & judges top the EU pay league. A large proportion of alleged criminals reported to prosecutors in Scotland are also escaping justice while lawyers scoop up legal aid fees for dealing with cases which never make it to court.

EU Justice Report : Scots Justice System is most expensive, has poorest regulation in Europe

A MUST READ REPORT by the European Commission for the Efficiency of Justice reveals the Scottish justice system as the most unproductive, yet most expensive in the entire European Union. Scottish lawyers take tens of millions more in legal aid representing a population of 5 million than Italian lawyers who serve a population of 60 million. The report also reveals Scots judges are paid the highest in Europe, Scottish Sheriffs taking home an average taxpayer funded salary of £120K plus, while others in Scotland’s judiciary are paid £200K plus expenses.

The Scottish Civil Courts Review of 2009 authored by the then Lord Justice Clerk, now Lord President Lord Brian Gill, castigated Scotland’s Civil Justice System as being Victorian, costly, and unfit for purpose, yet years on from the review, little of the proposed reforms have been implemented due to pressure from vested interests in the legal world, and a lack of political will to deliver access to justice to all Scots.

The ‘independent’ lawyer run Scottish Legal Complaints Commission has lurched from scandal to scandal, and proved to be even worse at regulating complaints against Scottish solicitors than the Law Society of Scotland. Clients of Scottish solicitors who are forced to make complaints to the SLCC should read our previous reports on how the anti-client regulator may treat their case.

Exclusive Report: A Research Report from the University of Manchester School of Law, commissioned by the SLCC on the Law Society of Scotland’s two discredited client compensation schemes, the Master Insurance Policy & Scottish Solicitors Guarantee Fund reveals the extent of suicides, illness, broken families and financial ruin among clients who fall victim to rogue solicitors and attempt financial claims in order to recover funds & assets embezzled or stolen by their lawyers. The research report concludes the Law Society's Master Policy is set up “to allow solicitors to sleep at night”, so they can go on to ruin other unsuspecting clients. Read the full shocking story HERE

Name & Shame your crooked lawyer in the media

If you are making a complaint to the Scottish Legal Complaints Commission (SLCC), Law Society of Scotland or Faculty of Advocates about your solicitor or legal representatives, one of the best things you can do is tell the media about it & name your crooked lawyer.

Revealed: Suspended & Bankrupt lawyers are secretly still working in Scotland

Exclusive Report: An investigation has revealed twice suspended but still working as a solicitor John G O'Donnell has impersonated a deceased lawyer as part of an elaborate fraud, while staff at the law firm he worked at said nothing to clients. The Law Society of Scotland did nothing to prevent O’Donnell continuing his reign of scams against clients even after he was twice suspended & made bankrupt. O’Donnell was only found out after one of his clients, saw his photograph in an earlier Sunday Mail newspaper investigation..

Exclusive Report: An investigation has revealed a lawyer who works for the Citizens Advice Bureau is being probed after it’s claimed he targeted vulnerable clients for a crooked legal firm. A client involved in a rent dispute turned to CAB lawyer Gilbert Anderson, who is based at Hamilton Sheriff Court on a taxpayer funded salary. But the ex-Royal Marine sent the client and a friend into the clutches of twice suspended solicitor John G O'Donnell , who does not have a practicing certificate.

BONUS CULTURE of Crown Office fails to deliver justice

An investigation reveals Scotland’s Prosecutors have been caught up in their own BONUS CULTURE where fat cash hand-outs at the end of the year worth tens of thousands of pounds and sly Press Releases short on facts seem to be more important than catching real crooks and delivering on protecting the Scots public.

One of Scotland’s most famous Crooked Lawyers, Andrew Penman of Stormonth Darling Solicitors, Kelso in the Scottish Borders. Read the MEDIA COVERAGE of the case, details which the Law Society of Scotland and several Edinburgh law firms tried to bury.

If you have a similar experience with Stormonth Darling Solicitors, or any other corrupt law firm, we want to hear about it at scottishlawreporters@gmail.com